Criminal Defence
in Turkey

01 / Criminal Proceedings

Criminal Defence in Turkey for Foreign Nationals

A criminal matter can begin with a police call, a complaint, a request for a statement or an incident at the border. The first task is to establish the authority, the allegation and the person's role. Being named in a complaint does not establish guilt or mean that an arrest warrant exists.

Legal Istanbul advises and represents individuals during criminal investigations, court proceedings and available appeals. For foreign nationals, the work may also involve language assistance, documents from abroad and the effect of a decision on travel or residence. These questions should be assessed together without treating them as one procedure.

The Turkish Penal Code defines offences and penalties. The Criminal Procedure Code, usually called the CMK, governs investigation, defence, trial and review. Constitutional protections include personal liberty, a fair trial and the presumption of innocence. A person is not treated as guilty simply because an investigation has started.

During an investigation, the person suspected of an offence is a suspect. After an indictment is accepted, the accused person is a defendant. A witness or complainant has a different role. Confirming that role helps identify the rights and obligations that apply to the next step.

02 / Scope Of Representation

How We Assist with a Criminal Case

The appropriate work depends on the current stage and available documents. An urgent custody matter requires a different response from a scheduled hearing or a judgment that needs to be appealed.

We establish who the client is and check for conflicts before accepting instructions. A family member or employer paying fees does not automatically control the defence or become entitled to every confidential detail. Co-defendants may need separate lawyers when their interests differ.

The engagement defines the work, fees and communication arrangements. Investigation, trial, appeal and sentence-related work may require separate instructions. No lawyer can guarantee release, dismissal of a complaint or a particular judgment.

03 / Understanding Your Position

Legal Assistance, Silence and Language Support

The CMK provides safeguards for suspects and defendants. These rights should be explained in a way the person understands. A quick informal conversation should not replace proper legal advice where a statement about an allegation is being requested.

Under Article 150, a person who states that they cannot choose a lawyer may request appointed counsel under the legal conditions. Appointment is mandatory in specified cases, including children and certain serious charges. It is not limited to people who know how to request it. Private representation and the appointed-counsel system are separate arrangements.

Article 154 protects private meetings with counsel. For specified offences, a judge may restrict contact for 24 hours at the prosecutor's request. No statement may be taken during that restriction. The legal basis of any restriction should be checked.

A request for a lawyer, interpretation or medical attention should be made clearly and recorded. If a right is refused or a record is inaccurate, tell counsel promptly so the appropriate response can be considered.

04 / Questioning And Records

Preparing for a Police or Prosecutor Statement

A statement becomes part of the case record. Before giving an account, understand the allegation and review the available information with counsel. Distinguish what you personally remember from what another person told you. Do not guess at dates or agree with a suggested account merely to finish the interview.

Article 147 addresses information about the allegation, legal assistance, silence and requests for evidence. Identity questions must be answered truthfully. The decision whether and how to address the alleged offence should follow legal advice about the actual situation, not a general online script.

Read the record, or have it properly interpreted, before signing. Ask for errors, omissions or translation problems to be corrected and recorded. If you are unable to understand a document, say so. Tell counsel about earlier statements and any pressure, injury, medication or health condition that may have affected them.

Article 148 prohibits force, threats and other unlawful questioning methods. It also provides that a police statement taken without a defence lawyer cannot form the basis of a judgment unless confirmed before a judge or court. This is not a promise that every earlier statement will disappear or that the whole case must end.

05 / The Immediate Situation

Arrest and Police Custody

Arrest, police custody and pre-trial detention describe different steps. Police custody, known as gozalti, is a temporary measure during the investigation. It is not a prison sentence. The lawful basis, start time and any extension must be checked.

The ordinary rule in Article 91 is a maximum of 24 hours from arrest, excluding necessary transport to the nearest judge or court, which cannot exceed 12 hours. Collective offences can permit written extensions under specified conditions. Special statutory rules can also apply. It is therefore unsafe to promise that every person will be released after one day or to describe 48 hours as a routine extension for every case.

Counsel can assess the custody decision, records and available judicial challenge. Record the time and place of arrest, the unit holding the person and any known file number. Medical needs, prescribed medication and injuries should be raised promptly with the authorities and lawyer.

Families should identify one reliable contact and provide accurate details. A social-media post or message to a law firm does not lodge a challenge or confirm that attendance has been arranged. Ask for explicit confirmation of the agreed urgent work.

06 / Restrictions Before Judgment

Pre-Trial Detention, Release and Judicial Control

Pre-trial detention, or tutuklama, means holding a person under a judicial decision before a final outcome. Articles 100 and 101 require the relevant suspicion, a lawful detention ground and proportionality: the measure must not be excessive in the circumstances. Decisions must address the evidence and why less restrictive measures would be inadequate.

Release applications should address the actual reasons given. Relevant material may include a reliable address, participation in proceedings, health needs and evidence concerning any alleged risk of escape or interference. A return ticket alone does not answer every concern.

Judicial control is not an acquittal. Comply with the written conditions until they are changed through the proper procedure. An application to remove a travel restriction does not suspend that restriction while the application is pending.

07 / Preparing The Defence

File Access, Documents and Digital Evidence

Article 153 gives defence counsel rights to inspect the file and obtain copies, subject to legally permitted investigation restrictions. A restriction does not automatically cover every document. The suspect's statement, expert reports and records of procedures they are entitled to attend have specific protection under Article 153(3).

Under Article 160, the prosecutor must gather and preserve evidence both for and against the suspect. Defence work includes identifying missing material, challenging its interpretation and assessing how it was obtained. Article 217 requires lawful evidence to be considered through the proper trial process.

Prepare a dated account of events linked to messages, contracts, transactions, photographs or travel records. Preserve original electronic files and available metadata, meaning information about their source and dates. A cropped screenshot may omit context that changes its meaning. Include material that appears unfavourable so counsel can assess it.

Do not delete records, change documents, access another person's private account without permission or ask witnesses to agree on a story. Where evidence belongs to another organisation, identify it so a lawful preservation or production request can be considered.

08 / The Alleged Conduct

Personal, Financial and Business Allegations

A defence depends on what the prosecution must prove, not just the name used in a complaint. The conduct, required intent, identity of the person responsible and reliability of the evidence need separate attention. The applicable law and the date of the alleged offence also matter.

Criminal responsibility is personal under Article 20 of the Penal Code. A company and its directors should not be treated as one defendant with identical interests. Legal entities may face specific security measures where the law provides, while individuals require a separate assessment of responsibility.

More serious allegations, including drug, organised-crime or sexual offences, can involve different procedural safeguards and restrictions. Their handling must follow the particular charge; a general service page cannot determine the likely penalty or outcome.

09 / Indictment And Trial

Preparing for Hearings and Presenting the Defence

An indictment sets out the prosecution's allegations and supporting material. Acceptance by the court begins the prosecution stage; it is not a finding of guilt. Review the alleged events, legal classification and evidence rather than relying only on the charge heading.

Trial preparation includes the client's account, witness questions, objections, expert issues and requests for further evidence. Counsel can assess whether the court has the appropriate authority and whether important material has been disclosed and discussed. A translated summary is useful, but it should not replace the complete official documents.

Attendance requirements depend on the case and applicable exceptions. Appointing a lawyer does not automatically excuse the defendant from appearing. An approved remote procedure or exemption may be possible, but should not be assumed from residence abroad or a private agreement with counsel.

Keep hearing notices and tell counsel about a genuine obstacle as soon as it arises. A request to change a date is not the same as permission to be absent. After each hearing, check the next date, orders, evidence deadlines and any continuing restrictions. A case may require several hearings; a fixed completion date cannot be promised.

10 / Decisions And Other Procedures

Closure, Acquittal and Alternative Procedures

A prosecutor's decision not to prosecute, a court acquittal and a conviction are different outcomes. Release from custody does not mean that the file is closed. Obtain the written decision and check whether it is final, open to challenge or subject to further action.

Some offences may qualify for criminal conciliation, known as uzlastirma. This is a regulated process between the parties, not an informal promise that money will make every charge disappear. The offence, exclusions, consent and performance of any agreed obligation require review.

Withdrawal of a complaint is also different from conciliation. For offences prosecuted independently of a complaint, withdrawal does not necessarily prevent the authorities from continuing. Civil compensation and criminal liability should not be treated as interchangeable.

Other simplified procedures or sentence-related options may be available only under specific conditions. Before accepting a proposal, understand its legal effect, required admissions or consent, review rights and possible consequences for records and immigration. Rules can change, so the decision date and current framework matter. No standard reduction or non-custodial result should be promised without examining the file.

11 / Reviewing A Decision

Objections, Appeals and Further Remedies

The available remedy depends on the decision. An objection against an interim order, an appeal to a regional appellate court and review by the Court of Cassation are not the same procedure. Not every judgment qualifies for every level of review.

Under the current wording of Articles 273 and 291, the ordinary application period for regional appeal and cassation is two weeks from service of the reasoned judgment, where that route is available. Article 268 generally sets two weeks from learning of the decision for objections unless another rule applies. Older decisions and transitional rules require separate checks.

Do not calculate every deadline from the hearing date or from when a family member forwards a message. Give counsel the complete decision and the notification record, including electronic service details. A request for translation or a new lawyer does not automatically stop time running.

An appeal should address identifiable legal or factual errors within the relevant review powers. Constitutional or international applications have separate conditions for acceptance and separate deadlines; they are not automatic extra appeals. Where such a remedy may be relevant, assess it promptly rather than assuming an extraordinary request extends the deadline.

12 / Language And Consular Contact

Interpretation and Representation from Abroad

Article 202 provides interpretation safeguards where a person cannot express themselves sufficiently in Turkish, including during relevant investigation procedures. Nationality alone does not determine language ability. State the language and any communication needs accurately; an English-speaking lawyer does not replace an appointed interpreter where the procedure requires one.

Under Article 36 of the Vienna Convention on Consular Relations, a detained foreign national must be informed without delay of the right to consular notification. If requested, the relevant consular post must be notified without delay. Applicable treaty arrangements and the person's nationality may require further review.

A consulate can assist within its role, but it does not replace defence counsel or decide whether a Turkish court will release someone. Family updates and disclosure of case information should respect the client's wishes and the applicable rules.

For clients abroad, representation documents, official enquiries and any authorised participation procedure need planning. Written submissions do not automatically replace a personal statement. Our guide to criminal investigations while living abroad addresses these questions. Explain earlier proceedings and statements in other countries so the advice is based on a complete account.

13 / Separate Legal Records

Travel Restrictions and Immigration Consequences

A valid visa, residence permit or clear criminal-record certificate does not establish that there is no pending investigation or outstanding order. A previous visit without difficulty is not a guarantee about a later trip. Review known concerns before travel and distinguish confirmed information from information that could not be checked.

Judicial control may prevent departure from Turkey even when the person has been released. An exit restriction is different from an entry ban. Permission to enter, an airline booking or an employer's letter does not override a court order.

Criminal proceedings can overlap with deportation, administrative detention or residence decisions. These are not automatic consequences in every case, and they may require separate challenges. Acquittal or closure of a criminal file does not itself confirm that every administrative record has been removed.

Where a separate decision exists, our deportation and detention service and entry-ban service address the relevant procedures. International notices and extradition also require their own assessment. A defence enquiry should not be presented as unrestricted travel clearance.

14 / Preparing The Instruction

Documents, Confidentiality and Legal Fees

Start with what you have. Urgent advice should not wait until every record has been translated. Provide the complete document rather than only its first page, and distinguish an official notice from a message describing it.

Share sensitive evidence through an agreed channel. Do not place passport scans, detailed allegations or private third-party records in a public comment or an initial open enquiry. Professional confidentiality does not justify assuming that every casual message or shared family chat is protected.

Legal fees are separate from translation, expert, notarial and travel expenses. Agree whether the instruction covers an initial review, a specific appearance or an entire stage. The appointed-counsel system should not be confused with the firm's private fee arrangement.

15 / Managing The Agreed Work

Case Review and Defence Preparation

1. 01

   Confirm the Situation

   Identify the person, authority, role and urgent deadline.

2. 02

   Agree Representation

   Check conflicts, authority, scope, fees and communication.

3. 03

   Review the Record

   Assess available evidence, statements and procedural orders.

4. 04

   Take the Agreed Steps

   Prepare submissions, attend procedures and pursue relevant applications.

5. 05

   Review the Outcome

   Explain the decision, remaining conditions and available remedies.

Urgent work may run alongside document collection. The plan should identify what can be done immediately and what depends on file access or an authority's decision. Keep contact details current and forward new notices promptly.

Communication should explain both the evidence supporting the defence and the issues that remain unresolved. Clear advice includes the limits of the available information. It should not rely on personal connections, promised influence or a guaranteed outcome.

16 / Criminal Defence Questions

Common Questions About Criminal Proceedings